Petitioner sought condonation of a 507-day delay in filing to set aside abatement caused by the death of the first respondent and to bring his legal representatives on record in a pending appeal. Respondents raised no objection; the court found the reasons satisfactory and allowed all three petitions.
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CMP(MD) NOS. 7638 to 7640 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17-06-2026
CORAM
THE HONOURABLE MR JUSTICE P.VADAMALAI
CMP(MD) NOS. 7638 to 7640 of 2024
in
AS(MD) NO. 109 of 2020
Azhagupitchai
Petitioner(s) in all petitions
Vs
1.Rajagopal (Died)
2.Subramanian
3.R.Nithyanandam 4.R.Valliyammal
5.R.Subbulakshmi
6.R.Vijayakala
Respondent(s) in all petitions
For Petitioner(s) in all petitions : Mr.A.Mohamedhaneef, Advocate
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CMP(MD) NOS. 7638 to 7640 of 2024
For Respondent(s) in all petitions : Mr.S.Selva Aditya, Advocate for R3 to R6
R2 – No Appearance
R1 – Died
Common Prayer : Civil Miscellaneous Petitions are filed under Section 5 of the Limitation Act, Order XXII Rule 9(2), and Order XXII Rule 4 of the Code of Civil Procedure to condone the delay of 507 days in filing the application to set aside the abatement caused due to the death of the deceased 1st respondent, to set aside the abatement caused due to the death of the deceased 1st respondent, and to bring on record respondents 3 to 6 herein as the legal representatives of the deceased 1st respondent, namely Rajagopal, and rank them as respondents 3 to 6 in A.S.(MD) No.109 of 2020.
COMMON ORDER
These Civil Miscellaneous Petitions have been filed to condone the delay of 507 days in filing the application to set aside the abatement caused due to the death of the deceased 1st respondent, to set aside the abatement caused due to the death of the deceased 1st respondent, and to bring on record respondents 3 to 6 herein as the legal representatives of the deceased 1st respondent, namely Rajagopal, and rank them as respondents 3 to 6 in A.S.(MD)No.109 of 2020 on the file of this Court.
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CMP(MD) NOS. 7638 to 7640 of 2024
the affidavits filed in support of these petitions.
list.
objections to allow these petitions.
Civil Miscellaneous Petitions are allowed.
Note : The Registry is directed to carry out necessary amendments in the appeal memorandum and list the same in the usual course.
mkn
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CMP(MD) NOS. 7638 to 7640 of 2024
P.VADAMALAI, J.
mkn
CMP(MD) NOS. 7638 to 7640 of 2024 in
AS(MD) NO. 109 of 2020
17.06.2026
(1/2)
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1 issue framed by the court
Whether the delay of 507 days in filing applications to set aside abatement and implead legal representatives of the deceased first respondent should be condoned.
3 provisions across 2 enactments
Azhagupitchai
Rajagopal (Died)
Subramanian
R.Nithyanandam
R.Valliyammal
R.Subbulakshmi
P.Vadamalai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
